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Child Support Question - ILLINOIS

Started by Phillip Morris, Dec 05, 2005, 09:08:56 AM

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Phillip Morris

Okay, background info first....

I and my children's mother both live in Illinois
We have 2 children. Ages 5 and 2.
we are split up, but WE HAVE NEVER BEEN MARRIED.

1) I am currently paying $450 a month CS, which is a little over 25% of my check. Nothing is through the courts.  I just give her the money right away as soon as I get paid and have never been late.

2) I also have both of the children covered under my health insurance.

3) I am paying 50% of my son's tuition to private school which comes out to $220 a month.

I get the children every other weekend Friday through Sunday, plus every Thursday as well. I also assist in picking them up from School, and spend time with them even when it's not my scheduled day with them.

I just wanted to know, am I required by ILLINOIS law to contribute extra money for the children's clothing, or is this supposed to come out of the child support I give her biweekly?

And also, is the 50% Tuition for thr private school required as well?

Someone please help!!!
Thank you.

joni


clothing is covered under the child support, generally speaking:

"What does child support cover?

The term "child support" covers all the economic necessities of life required by a child. These necessities include, but are not limited to, food, clothing, shelter, education, medical care, and other day-to-day expenses."

Tuition is up for grabs, you've already set a precedent for paying for it so if she takes you to court, the judge may order you to continue.

I would keep it out of the court.  Next time you get a raise, have your employer withhold the max on your paycheck which means you're paying her 25% of your net check.  You'll get the money back when you file your taxes.  Consider it forced savings.

The 25% you're paying is the same rate that the court would charge you with BUT...here's the difference.  You're paying her 25% of your net right?  But you control your net meaning you can tell your employer to take out the IRS rate for withholding or you can increase the amount withheld to as much as you need...then your Ex gets 25% of that amount...right?

The courts would figure your 25% differently on the net.  What the courts would do is assign an income tax amount based on their guidelines so chances are, the tax amount according to the court would be less of deduction than you're doing on your paycheck or your get for your taxes so you'll wind up paying her more in child support.

Genie

this changed a year or so ago.  Increased 2 children from 25% to 28% of net pay.

My advice is that you better make sure the check you are giving her clearly states it is Child Support (in the memo line for example) and always has or they could consider it something else if she decides to go through state for CS.

But it seems like you have worked things out well and hopefully it will continue.  Make sure you are keeping very good records of what you have paid and what you should pay etc.